DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim [1] is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim [1] of prior U.S. Patent No. 12, 425, 708. This is a statutory double patenting rejection.
Below is the table showing the conflicting claims
US. 19/309,868
US. PAT. No. 12, 425, 708
An imaging sensor comprising: a first chip including:
a first photoelectric converter that converts light into charge;
a second photoelectric converter that is disposed adjacent to the first photoelectric converter in a first direction and converts light into charge;
a third photoelectric converter that is disposed adjacent to the first photoelectric converter in a second direction crossing the first direction and converts light into charge;
and a fourth photoelectric converter that is disposed adjacent to the third photoelectric converter in the first direction and adjacent to the second photoelectric converter in the second direction and converts light into charge;
and a second chip stacked with the first chip and including a drive unit that controls to be different:
a timing in which accumulation of the charge obtained from conversion by the first photoelectric converter ends;
a timing in which accumulation of the charge obtained from conversion by the second photoelectric converter ends;
a timing in which accumulation of the charge obtained from conversion by the third photoelectric converter ends;
and a timing in which accumulation of the charge obtained from conversion by the fourth photoelectric converter ends.
An imaging sensor comprising: a first chip including:
a first photoelectric converter that converts light into charge;
a second photoelectric converter that is disposed adjacent to the first photoelectric converter in a first direction and converts light into charge;
a third photoelectric converter that is disposed adjacent to the first photoelectric converter in a second direction crossing the first direction and converts light into charge;
and a fourth photoelectric converter that is disposed adjacent to the third photoelectric converter in the first direction and adjacent to the second photoelectric converter in the second direction and converts light into charge;
and a second chip stacked with the first chip and including a drive unit that controls to be different:
a timing in which accumulation of the charge obtained from conversion by the first photoelectric converter ends;
a timing in which accumulation of the charge obtained from conversion by the second photoelectric converter ends;
a timing in which accumulation of the charge obtained from conversion by the third photoelectric converter ends;
and a timing in which accumulation of the charge obtained from conversion by the fourth photoelectric converter ends.
Conclusion
. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
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/AHMED A BERHAN/Primary Examiner, Art Unit 2639
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